Source: All England Reporter
Publisher Citation: [2002] All ER (D) 99 (Jan)
Court: Court of Appeal, Civil Division

Buxton and Latham LJJ

Representation Nigel Godsmark QC (instructed by Ison Harrison & Co, Leeds) for the claimant.
  David Pugh (instructed by Plummer Tilsley Logan, Colchester) for the defendant.
Judgment Dates: 18 January 2002


Negligence - Contributory negligence - Personal injury - Claimant tripping on unlit steps at defendant's premises - Judge finding contributory negligence of 60% - Whether judge in error.

The Case

On the facts of the instant case, the judge had been entitled to conclude that the claimant was 60% to blame for injuries suffered. The claimant had chosen to leave the defendants premises through a dark exit and the judge's conclusion as to her contributory negligence was well within the ambit of his discretion.

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